IS IT NECESSARY TO MODERNIZE THE CRIMINAL-EXECUTIVE LEGISLATION?

Abstract

The article identifies the problems, which testify that it is necessary to modernize the criminal law in the framework of the large-scale legal reform implementation. It is noted that the modern criminal law and criminal-executive legislation are still in the formation stage, despite the Criminal and Criminal-Executive Codes of Ukraine were adopted after proclaiming the independence of our country.

The criminal law and criminal-executive policy issues are considered. The big arsenal of measures of the influence of the criminal law and criminal-executive law on offenders is pointed out. In accordance with the requirements of the current criminal policy, the criminal deeds list is provided, as well as the type of sanctions and the order of enforcement of sentences are established. First of all, it is the definition of the main directions of the state policy, related to sentencing, enforcement of sentences, punishment effectiveness, functions of punishment, correlation of the essence, content, tasks and purpose of punishment, as well as the measures, which are alternative to imprisonment. At present, one of the important tasks in the criminal policy formulation is to find the optimal balance in using the persuasion, encouragement and coercion to ensure that the punishment corresponds to the gravity of the crime. Special attention is drawn to the fact that criminal-executive law and legislation are derived from the criminal law. The criminal-executive law rules perform the ancillary role in the punishment execution institute, which is defined in the substantive law.

The problems, which affect the quality of the criminal-executive legislation, are identified. Reformation of the Criminal-Executive Code of Ukraine should be implemented in different vectors, paying special attention to:

- quality of the law and its preventive nature;

- enforcement of sentences for criminal offenses;

- execution of the criminal liability of legal entities;

- civil litigation institute;

- correction and re-socialization of convicts as the  punishment purpose;

- private penitentiary establishments;

- impact of other sartorial legislations on the criminal-executive law.

It is emphasized, that in view of the complexity of the problems, changes of the ideological and practical paradigms, it is necessary to modernize the criminal-executive legislation of Ukraine. Such work should be synchronous with the reformation of the Criminal Code of Ukraine. Such purpose cannot be successfully achieved, unless the scientific potential and the civil society institutions are involved. Besides, the maximum openness and sufficient material support are needed.